HomeMy WebLinkAboutOrdinance 8355ORDINANCE NO ~~~
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR
THE IMPROVEMENT OF A PORTION ~F CARVER DRIVE
AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH TEXAS LETTING CON-
TRACT TO SOB MOORE & BOB MOORE TNC_ AND FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECU-
TION MAKING APPROPRIATIONa FOR THE PURPOSE OF PAYING THE INDEBTEDNESS
THEREBY INCURRED MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST
ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH
IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF
SUCH ASSESSMENTS DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PRE-
PARE ESTIMATES DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION
OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY TEXAS DECLAR-
ING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID
STREET IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED
SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS CHAPTER 106
COMMONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES AS AMENDED
BY ACTS 1967, 60TH LEGISLATURE PAGE 365 CHAPTER 176 SECTION 1 EMERGENCY
EFFECTIVE MAY 12 1967 AND DIRECTING THE CITY SECRETARY TO ENGROSS AND EN-
ROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF
THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE TN THE APPROPRIATE
ORDINANCE RECORDS OF THIS CITY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Public Works Director for the City of Fort Worth Texas has prepared
Plans and Specifications for the improvements of the hereinafter described portions
of streets avenues and public places in the city of Fort Worth Texas and same
having been examined by the City Council of the City of Fort Worth Texas and found
to be in all matters and things proper, NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS, THAT
I
The hereinafter described Plans and Specifications are hereby approved and
adopted
II
There exists a public necessity for the improvement of the hereinafter
described portions of streets avenues and public places in the City of
Fort Worth Texas to-wit
CARVER DRIVE From Prevost Street to Merrick Street known and
designated as Project No 021-24290
~l
III
Each. of the above described portions of streets, avenues and public places in the City of Fort Worth,
Texas, shall be improved by raising, grading, and filling same and by constructing thereon the following, to-wit
CARVER DRIVE From Prevost Street to Merrick Street known and
designated as Project No 021.-24290, a five-inch
thick hot-mix asphaltic concrete pavement on a
six-inch thick lime stabilized subgrade with seven-
inch high concrete curb and eighteen-inch wide con-
crete gutter on a twenty-eight foot roadway Six-
inch thick concrete driveways will be constructed
where specified
~'he ~i:~o`ve te~ether w9 th concrete curbs gutte~•s driveways and inci.dentala
tti ~tiitti i.orilirsvernent5 ~ on pra~per grade and l.rse where same are not already
se coristriitt~d, together with sttarm sewers a'nd drains and other necessary
i.nci:dantal.s snd appiartenancea, all of said imprc+veinents to be constructed
as end tahere shown on the Pl.arts and Specifications therefor
IV'
Thy cost of &e.d iinprovetnents ss herein defined shalt be paid for as
fol,l:oiaa tt5~wir.
~ A 'bhp property abuttitiig er- that port9:on of Ehe street avenue nr. public
place anti tame r~a1 and true avsners 'therecs# shall: pejt all of the cost of. curbs and
gutters t1 i"ro+at bf their property slid i5bt exceeding nine-tenths (9/lOths) of the
eetie~rited ta~tidt of. tie remai.rder of stash iri~proveme'nt`s
]~ The t:ity tit 'F'ort t~erth ~hal.l pAy all ot• the remainder of the cost of
sei.,d i.n~~tiou+*t~ents sifter deducting the amoutita herein specified to 'be paid by the
abutting, prr~p~trties and the peal end true et~iiers thereof as set out in subsection A
~.
'fiia~ stshrsxtts peyabl.e by the abutting prtspertiea and the real and true owners
Chct•eof: shs~.l t,a aei~e:~iga~d agai.tiet such properties and 'the real and true owners there-
of a»d ~halfl oonstit_t~t-e a first and picitr lien upon such properties and a personal
liability f1f the real anal c'rt,e ownsxd theti~e ail and shall t-e payable to-wiC
>~t~n fire ietepi-txvemc~tts ere cetitpleteit rind accepe~d b}i the City on a particular
iini't t:fi:ri srtann aririt~risrid ,~gafntt; property abutting .upon stick r~oanpleted and accepted
uiii.ts a~1at$.l be niiAt9 i~e~cai~tt4s~ pit~rabl.e in fi.ue (5) et~ual inir,tailments due respectively
on o~c befcir,is r:tai~rtry (ICJ) dayfi, rind- one (t) two t~). three (~) rind four (4) years
fretin the date of static taaitz+lxl.eti.c+n and acceptance end the asserisra7ents against the pra-
perty riutittiitg upoi~i this rema:l.riing unite shall lie end beoa~tne due and payable in such
irit~tall.sttaiitei ai'ter C:he date of cei~plet:iotti and acceptrin+re of ;such respective unit
Tice eiatie ~Ytaavtitit sstias~ieed against thus particular parr~eis of property aha11 bear
1itLeirest firti9~t rhtm r9ate ~,f aa:tch completion ani~ acceptance of the improvements on the
unit: ttpttit~t ~~~i#: 4~a #lae Set°t. i.r.:t.r'i.ar properly Abuts at the fate of eight (8%.) Percent per
anKi,tan~ pe~~st+`le +~tir-att~ul'a.y a~~a~:ept e~ ko inter-eat on the firsC installment, which shall
be iiue said p;~ya~l;,l:e tan ti'te date said inatallmetit: msttirts provided that any owner
rtrhal~ ita~e t°1ie t~`i.pi~aa t:o irr~y atiy and ill of such tiistellment at any time before
n~eturi:ty~ lay payi.t~g principaal with interest accrueu to the date of payment and Further
pravidcd if tl'eleazit be ~riede i:t~ the pay,Aent of any installment promptly Es the same
tneturss thtrii at the apt:ion tt£ the City of Fort Worth ar its assigns the entire
ee-etint' o&' tl~~a aisar~aament upon tw-hich such default is siada sha11 be and become immedi-
ately aloe ai~ad payi~ble, bast itr i.s specifically provi.dsd Chat no asaessmenta shall in
any t:ase bad tnarle agai.nrtt any property or any owner theieaf ti excess of the apeci.al
benefits tci prnper,t~: 9.tt t:iie enhanced value thereef by Means of said itnprov.ements in
the utwit up~~t~t whi.Eh the iaairt•:f.culrir property abuts as ea~certaitiied at the hearing pro-
vided by th+~ lae~ in frixi.e i.-~a the City, no>~ shall any- ~ns+estimpnt be made in any case
until e£t.er rtotia:e rsf hcari.rtg As provided byr law Said esaeesinenta against the
reapec~i~re i.ot.s and pa~t•+rel:s of property Anal [iwincrs thereof shall be evidenced by
certi_fiird~t.ami~ et' a eMaecial. asaeas>rietit ~hicri I~'nall be eitecuted in t:tie name of the City
of port lirix;t:tia l^l?ff~ifiltgl~ however, that acti.~ig titroupt,ii its duly authorized Director
6f l'tibl.c Wc~t°&s ilia City of Vert: Worth retaining tht- right to authorized payment
of the e$ti~i~ aeaesaetl r~gei.nst ebur.ting property upon such coanpleted and accepted unit
itit not r~ora• then f~-rty~eight equal reptulrir moiathly i.nstallmencs of not less than
$9 iati each the ,fi:rst of attch inatallidnents to become dine and payable not more than
30 days after the completion and acceptance by the City of the particular unit
PROVIDED FURTHER, that the City Attorney is hereby empowered to authorize payments
of said sums in lesser installments and/or over a longer period of time in cases in
which the Director of. Public Works has previously determined that .an extreme financial
hardship upon the property owner will otherwise result and FROVIDED FURTHER that
such method of payment shall be authorized only in instances where the owner or owners
of property abutting upon such completed and accepted unit shall have executed and
delivered to the City of Fort Worth a lawful, valid and binding note and mechanic's
and materialman's contract upon forms supplied by the City granting a mechanic's lien
upon and conveying the said abutting property in trust to secure the payment by said
owner or owners according to the terms thereof of the sums assessed against such
property
V
The assessments against the respective lots and parcels of property and the
owners thereof shall be evidenced by certificates of special assessment which
shell be executed in the name of the City by the Mayor of said City and the City
Secretary shall attest the same and impress the corporate seal of the City thereon
and which may have attached thereto coupons in evidence of the several installments
or in evidence of any of the installments in which the assessment is payable which
certificates shall be issued to the-City of. Fort Worth shall recite the terms and
time of payment the amount of the assessment the description of the property
and the name of the owners as far as known and shall contain such other recitals
as may be pertinent thereto and shall further recite substantially that atl pro-
ceedings with reference to the making of such improvements have been regularly had
in compliance with law, and that all prerequisites to the fixing of. the assessment
lien against the property described in said certificates and the personal liability
of the owners thereof have been regularly had done and performed and such re-
citals shall be prima facia evidence of the matters so recited and no further proof
shall be required in any court and the said certificates shall provide substantially
that if default be made in the payment of any installment promptly ae the same
matures then at the option of the city of Fort Worth or its assigns, the entire
amount of the assessment shall be and become immediately due and payable together
with reasonable attorney s fees and costs of collection if incurred all of which,
ae well as the principal and interest on the assessment shall be a first and prior
lien against the property superior to all other 1 ins and claims except State
County School District and City ad valorem taxes No error or mistake in naming
any owner or in describing any property or in any other matter or thing shall
invalidate any assessment or any certificate issued in evidence thereof and the
omission of improvements on any particular unit or in front of any property exempt
by law from the .lien of special assessment for street improvements shall not in-
validate any assessment levied The certificates referred to need not contain
recitals in exactly the works above provided for but the substance thereof shall
suffice and they may contain other and additional recitals pertinent thereto
VI
Bids having been advertised for as required by Article 11QSb of the re-
vised Civil Statutes of Texas as amended, and the bid of Bnb Mnnre R~ Rnh Mnnra, TnC
having been found to be the lowest and
best bid for the making and construction of. said improvements the contract there-
fore is hereby awarded. to _ Bob Moore- & Bob. Moore. Tn_.
at and for the prices stated in the Proposal
of said company and as reported and recommended by the Public Works Department which
said report and recommendation is on file with the City the City Manager and the
City Secretary are hereby directed to execute the said contract in the name of the
City of Fort Worth Texas and to impress the corporate seal of the City thereon
the said contract embracing among other things the prices for the work
VII
To provide for the payment of the indebtedness incurred by the City of
Fort Worth Texas by said contract there is hereby appropriated out of available
funds and current revenues of the City an amount sufficient to pay said indebtedness
so incurred
VIII
The improvements provided for herein shall be made and constructed notice
given hearing held and assessment levied and all proceedings taken and had in
accordance with and under the terms of the powers and provisions of Chapter 1.06 of
the Acts of the First Called Session of the Fortieth Legislature of the State of
Texas, now known as Article 1105b of Vernon's Texas Civil Statutes, as amended,
which law has been adopted as an amendment to and made a part of the Charter of
the City of Fort Worth, Texas and under which law these proceedings are taken
and had
IX
Each unit above described shall be and constitute a separate and independent
unit of improvement and the assessments herein provided for shall be made for the
improvements in each unit according to the cost of the improvements in that unit
and according to the benefits arising from the improvements in that unit
X
In making assessments if the name of the owner be unknown, it shall be
sufficient to eo state the fact and if any property be owned by an estate or by
any firm or corporation it shall be sufficient to so state and it shall not be
necessary to give the correct name of the owner but the real and true owners of
the property mentioned shall be liable and the assessments against the property
shall be valid
XI
The Director of Public Works of the City or Fort Worth Texas be and he
is hereby ordered and directed to file with the City Council estimates of the cost
of such improvements in each unit, in accordance with the terms of the powers and
provisions of the Charter of the City of Fort Worth Texas
XII
The City Secretary is directed to prepare sign and file with the County
Clerk of Tarrant County Texas, a notice in accordance with the provisions of the
Act passed at the Fifth Called Session of the Forty-first Legislature of the State
of Texas and shown as Chapter 21 of the Acts of said Session of the Legislature
said Act having been passed in the year 1930 and now known as Article 1220a of
Vernon's Texas Civil Statutes
XIII
The City Secretary is hereby directed to engross and enroll this ordinance
by copying the caption of same in the Minute Book of the City Council and by filing
the complete ordinance in the appropriate Ordinance Records of this City
S
XIV
This ordinance shall take effect and be in full force and effect from and
after the date of its passage
PASSED AND APPROVED THIS ~/ DAY OF ~/ , 19~
APPROVED AS TO FORM AND LEGALITY
rte/ l/ J~~--~_
City Attorney
,~
.~z~~®~°
~~ty of 1Fort Wo~°th, ~e.~as Dr~~~
DATE REFERENCE SUBJECT Award Of Contract - Assessment PAGE
NUMBER Paving of Carver Drive from
6/9/81 ~~ C-5718 Prevost Street to Merrick Street 1of 2
City Council action is requested on Project Nos 021-024-290-00 (Engineering) and
029-024-290-00 (Construction) as described below
Roadway ROW
Street Limits Width-Feet Width-Feet
Carer Drive Prevost Street to Merrick Street 28 50
Origin of Project
This project was initiated by a paving petition signed by the owners of 60% of
the adjacent land and received in the Assessment Paving Office on October 7 1979
On December 11, 1979 (M&C G-4399), the Director of Public Works was authorized
to design the project and await future Capital Improvement f``~r construction
Dine to the heavy workload in the Public Works Engineering Division, on. June 3,
1980 (M&C C-5121) an engineering contract was awarded to Wier-Brittain ~ Asso-
ciates, Inc , for the design and preparation of plans and specifications for the
project
Improvements
Improvements will include the construction of residential-type pavement with
concrete curb and gutter and driveway approaches Storm drain improvements
consist of 491 LF of concrete pipe, inlets, concrete channel liner and other
required appurtenances
Receipt of Bids
The project was advertised for bids on May 7 and 14, 1981 and the following bids
were received on May 21, 1981
Bidder Amount Working Days
Bob Moore & Bob Moore, Inc $83,512 06 70
L Grimes & Company, Inc $83 692 99 60
Austin Road Company $84,269 07 60
APAC-Texas, Inc $86,117 04 90
Project Cost and Financing
In keeping with standard assessment paving policy approximately $17,499 40 is
proposed to be assessed against the adjacent properties, all of which are zoned
"Residential and Community Facilities" (churches etc ) Funding for the
property owner's share of construction cost will be provided by a bond fund
transfer from the "Revolving fund Unspecified Cost to the City for construction
is approximately $79.,374 59, plus engineering Sufficient finds are available in
the project account for the City's engineering costs A bond fund transfer in
the amount of $66.,150 is required from the "Assessment Paving Unspecified' account
for the City's construction cost
~~
}~
DATE REFERENCE SUBJECT Award of Contract - Assessment PAGE
~ NUMBER Paving of Carver Drive from 2 2
6,~9~81 _ **C-5718 Prevost Street to Merrick Street of
Recommendations
It is recommended that
1 The fallowing bond fund transfers be approved
From To Amount Reason
094-009-901-00 094-024-290-00 $17,49.9 40 To provide funds
Revolving Fund Unspecified Carver Drive property owner`s
Prevost to Merrick share of construc-
tion cost
029-024-901-00 029-024-290-00 $66,150 00 To provide funds
Assessment Paving Unspecified Carver Drive for City's coa~-
Prevost to Merrick struction cost
2 An ordinance be adopted apQp~Ep Q~C~tiA~'~CE ~0 g 3 S,~
A Declaring the necessity for and ordering the improvements
B Making provisions for levying assessments;
C Directing the Public Works Department to prepare estimates of casts and
amounts to be assessed
D Awarding the contract to Bob Maore & Bob Moare, Inc , in the amount of
$83,512 06 based on their low bid
E Making appropriations to cover the indebtedness thereby incurred for
improvements of the project named above and
3 An ord~.~~e be adopted ppOP~"ED CQ~~°~,,~~CE ~®. ~' 3 ~~
A Approving the estimates of costs and amounts proposed to be assessed -and
B Setting July 7, 1981, as the date for the Benefit Hearing
~~ plg APPROVED BY
Attachment ~ CIT
Y_ CQUNCIL
'~
_
~~~ ~ 1981
r
~.`~''~.
~' .tR.~
____
Ci ec>:etary of the
of gozt Wotth, Texa$
SUBMITTED FOR THE
CITY MANAGER'S
p~~`
POSITION BY COUNCIL:
PROCESSED BY
OFFICE BY O APPROVED
ORIGINATING ~ ~ OTHER (DESCRIBE)
DEPARTMENT HEAD: Gar .Sant-erne ~B CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT John Jones, EXt 7913 N ~'`' ~4,~ a`
d
DATE
~f
~~ ~~~~ d
~ 3 s-~